Joe, Joey, Joe-Baby, Sexist: Where’s Your Imposter Syndrome?

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman responds to a recent Wall Street Journal op-ed criticizing soon-to-be First Lady Jill Biden for using the academic title she earned. Professor Grossman dissects the op-ed, penned by a retired lecturer at Northwestern University, and explains the deep and pervasive sexism behind it.

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Spinnenweber v. Laducer

Docket: 20-1534

Opinion Date: December 18, 2020

Judge: KANNE

Areas of Law: Civil Procedure, Personal Injury

In 2012, Laducer, a truck driver, rear-ended Spinnenweber’s minivan. Spinnenweber refused medical treatment at the scene. He later sought treatment for neck pain, tinnitus, and bouts of short-term memory loss. Spinnenweber sued Laducer and Laducer’s employer, seeking compensatory damages for his physical injuries. He did not seek punitive damages, medical costs, or lost wages, nor did he claim psychological or emotional injuries. Defendants conceded liability. The defendants’ medical expert, Dr. Carney, was the only expert that Spinnenweber relied on. He testified that Spinnenweber “clearly had a whiplash injury” from the crash. “He certainly could’ve had a very mild concussion.” Dr. Carney did not connect the alleged memory loss or the tinnitus to the accident. Spinnenweber’s counsel stated during closing arguments that the purpose of tort law "is to deter bad conduct so it doesn’t repeat.” The jury awarded Spinnenweber $1 million in compensatory damages. The court offered Spinnenweber the choice of accepting $250,000 or a new trial. Spinnenweber declined to accept the remittitur award. His attorney withdrew. After a one-day bench trial, Spinnenweber requested an award of $0 in damages, calling it a “verdict of silence.” The Seventh Circuit affirmed. The court did not abuse its discretion by finding that Spinnenweber’s evidence showed that he potentially suffered just whiplash and a mild concussion or by finding that the $1 million verdict was so outrageous that it warranted remittitur or a new trial. “Spinnenweber was hoisted with his own petard.”

United States v. Onamuti

Docket: 19-1153

Opinion Date: December 18, 2020

Judge: Scudder

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

In 2014-2016, Onamuti, a Nigerian citizen, led an identity-theft ring responsible for filing almost 1,500 tax returns and netting $5 million in illicit refunds. Charged with 11 counts of presenting false claims, 18 U.S.C. 287, nine counts of identity theft, section 1028(a)(7), two counts of aggravated identity theft, section 1028A, and conspiracy to defraud the government, section 371, Onamuti pleaded guilty to one count each of false claims, identity theft, and aggravated identity theft. Onamuti expressly acknowledged that, while his plea “may have consequences” for his immigration status, he wanted to accept responsibility. He certified that he had read the agreement, discussed it with his attorney, and understood its terms. Onamuti also “expressly waive[d]” the right to appeal “on any ground” except a claim alleging the ineffective assistance of counsel. During his plea colloquy, Onamuti confirmed under oath that, by pleading guilty, he “may very well be deported” and that he was waiving his appellate rights. The district court sentenced him to 204 months’ imprisonment. Onamuti sought to withdraw his plea, arguing that his lawyer failed to advise him that his convictions would subject him to mandatory deportation. The district court denied the motion without an evidentiary hearing. The Seventh Circuit dismissed his appeal without addressing the merits. Onamuti is bound by the waiver of appeal. The court noted that “almost invariably, defendants are better served by pursuing such claims on collateral review under 28 U.S.C. 2254 or 2255.”

United States v. Banks

Docket: 19-3245

Opinion Date: December 18, 2020

Judge: Diane S. Sykes

Areas of Law: Constitutional Law, Criminal Law

Banks was charged with conspiracy and aiding and abetting a robbery of the Gary, Indiana Post Office, where she worked, 18 U.S.C. 371, 2114(a). After a five-day trial and four hours of deliberation, at about 8:45 p.m., the jury returned a verdict of guilty on both counts. At the request of Banks’s counsel, the judge polled the jurors. The first four affirmed the verdict. The fifth did not. When asked whether the guilty verdict was in fact his verdict, Juror 32 responded, “Forced into.” The judge repeated the question. Juror 32 responded that he needed more time. The remaining jurors affirmed the verdict, singling out Juror 32 as the lone dissenter. The judge instructed the jurors to continue deliberating and sent them back to the jury room at 9:06 p.m. Twenty-nine minutes later, the jury again returned a guilty verdict. This time the poll confirmed a unanimous decision. The Seventh Circuit vacated and remanded for a new trial. The totality of the circumstances, most notably, Juror 32’s troubling responses to the poll questions, the judge’s decision to complete the poll notwithstanding the juror’s dissent, the lateness of the hour, and the extreme brevity of the jury’s renewed deliberations, were unacceptably coercive.